The delay in issuing the recognition notification should not penalize an individual who has fulfilled the basic eligibility norms and was meritoriously selected for a position.

ORDER SUJOY PAUL, J. – This intra-court appeal filed under section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 assails the order of Single Bench dated 29-4-2019 (Annexure-A/1) passed in W.P. No. 29018/2018 as well as order dated 9-8-2021 (Annexure-P/2) passed by in R.P. No. 945/2019.

2. The admitted facts between the parties are that the appellant completed her M.B.B.S. Course from Government Gandhi Medical College, Bhopal and said qualification was duly registered with the Medical Council of India (MCI) on 13-8-2012. The appellant got admission in MD (Bio-chemistry) in MGM Medical College, Indore, which is a Government institution on 5-8-2014. Indisputably, MGM Medical College is a MCI recognized medical college. The appellant completed her MD (Bio-chemistry) Course on 31-8-2017. Pursuant to an advertisement issued by the respondents inviting candidature for the post of Assistant Professor on 13-4-2018, the appellant submitted her candidature. The appellant was duly selected and was found to be meritorious. Despite selection, the appellant was not served with any appointment order. Aggrieved with the said inaction of the respondents, W.P. No. 29018/2018 was filed seeking writ of mandamus for issuance of appointment order. The said writ petition came to be dismissed on 29-4-2019.

3. Shri L. C. Patne, learned counsel for the appellant submits that respondents admitted that appellant is eligible, meritorious and selected for the post in question, but could not be appointed for want of ‘additional registration’ by MCI. The Writ Court by assigning reason in para – 13 and 14 of the order impugned opined that appellant could not furnish the ‘additional registration’ and respondent No. 2 did not commit any illegality in demanding the additional registration of MD. R.P. No. 945/2019 was filed on the strength of the document dated 29-4-2019 and documents dated 1-4-2019 and 2-7-2019 (page-149 and 150). On the strength of these documents, the appellant sought review by contending that a cumulative reading of these documents shows that Letter of Permission was received by the Government MGM College way back on 31-3-2013. Apart from this, corrigendum dated 2-7-2019 makes it clear that first schedule of previous notification dated 1-4-2019 stood amended whereby qualification of MD acquired by appellant in the year 2017 is also duly recognized under section 11 of the MCI Act.

4. The review petition was dismissed by the learned Single Judge by holding that additional registration certificate is received on 25-6-2019, and therefore, on the last date of submission of candidature (cut off date) i.e. 20-4-2018, the appellant, admittedly did not have essential certificate to show that her MD course is recognized by the MCI.

5. Criticizing both the above orders, Shri Patne, learned counsel for the appellant submits that firstly, MGM Medical College was not only a college which imparted education to the appellant in MD course, it was a recruiting agency / unit for which appellant submitted her candidature and was duly selected. After having received education in MD subject from a Government institution, it was no more open to said institution to say that the qualification so obtained from that college is not valid in the teeth of MCI provisions.

6. Secondly, Shri Patne submits that a careful reading of Schedule-1 appended to Regulation of 1998 and reproduced in para –7 of the order passed in W.P. No. 29018/2018, the expression used is ‘recognized medical college’. It is not in dispute that MGM College is a ‘recognized’ medical college. Apart from this, the notification dated 2-7-2019 leaves no room for any doubt that it is retrospective in nature and grants recognition to the degree of MD obtained by the appellant w.e.f. 2017.

7. To bolster this submission, reliance is placed on the language employed in section 11(2) of the MCI Act coupled with the ‘corrigendum’ where the words used are ‘when granted’. It